Does an R&R count as a rejection for "Right of first refusal"?

IndiePen

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This is coming up for a lot of folks it seems. Does anyone know if receiving an R&R counts as a rejection when it comes to first refusal? I have a friend wrapped up in the Ellora's Cave implosion and she's panicked about contracts. She's gotten one R&R since her last contract and now is hoping that will cancel the first refusal part of the contract.

Anyone here have any experience with this?
 

Maryn

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It's short for "Revise and Resubmit," meaning there are aspects of the story which makes them reject it. If the author is willing to make the revisions they suggest, s/he is welcome to resubmit it once those changes are complete. Usually they're pretty substantial, and the author may not want to make such vast changes to story or character.

As far as whether it fulfills anybody's contractual obligations, that's for an attorney to know, not us dopes. My guess, and it's only a guess, would be that it does. The author submitted to them as required.

Maryn, never giving legal advice, just common sense
 

Old Hack

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If your friend has been asked to rewrite and resubmit then that's not exactly a rejection.

I don't think it would be a good idea for your friend to rely on advice gained in this way. She or he needs to consult an appropriately-qualified and experienced lawyer to be sure.
 

Ketzel

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Chiming in on the "talk to a lawyer" advice. A lot depends on the exact wording of the "right of first refusal" clause, and words in contracts can have legally technical meanings that might not be obvious to an author.
 

Jo Zebedee

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I agree with the check with a lawyer advice. But it is an usually an invitation to resubmit if you are prepared to make the changes unless (!) your friend has signed a contract subject to the changes being made. So it depends at what stage the R and R hs been offered and under what understanding - and only professional contractual advice can confirm that.
 

Becky Black

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Definitely worth checking it out with a lawyer.

I'd lean to saying it counts as a rejection. I've had two R&Rs and I definitely thought of them as rejections! Seriously though, they reply saying they don't want it and there is no offer of a contract. That is a rejection.

The fact they say they are willing to look at it again if certain changes are made doesn't impose any contractual obligations to either side. The writer doesn't have to do that, and the publisher doesn't have to take the revised MS even if the writer does make changes and resubmits.

But that doesn't mean that's exactly what that particular contract says. An expert needs to check it out.
 

gingerwoman

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As I see it they are rejecting the work she sent in it's current form. We don't know the exact wording of the clause in her contract though.
 
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